HARKNESS v. HARKNESS

No. 09 85 222 CV.

709 S.W.2d 376 (1986)

Timothy Worden HARKNESS, Appellant, v. Allison Atkins HARKNESS, Appellee.

Court of Appeals of Texas, Beaumont.

Rehearing Denied May 21, 1986.


Attorney(s) appearing for the Case

Jimmy W. Nettles, Beaumont, for appellant.

Joe Scott Evans, Groveton, for appellee.


OPINION

BURGESS, Justice.

Timothy and Allison Harkness were divorced in Polk County, Texas in December, 1983. The parties entered into an agreement incident to divorce with an addendum. This agreement was approved by the court and incorporated into the divorce decree. The addendum states:

SECTION V

Custody of Children

"The parties agree that the Wife is the proper party to have custody of the infant child born of the parties and...

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